New Jersey Administrative Code
Title 10A - CORRECTIONS
Chapter 5 - CLOSE CUSTODY UNITS
Subchapter 5 - PROTECTIVE CUSTODY
Section 10A:5-5.1 - Assignment to Prehearing Protective Custody or admission to a Protective Custody Unit
Current through Register Vol. 56, No. 6, March 18, 2024
(a) An inmate may be placed in Protective Custody by any of the following means:
(b) If an inmate voluntarily requests placement in Protective Custody, he or she shall complete, sign, and submit to the appropriate Custody Supervisor a voluntary protective custody consent form indicating the reasons for requesting Protective Custody. The Administrator must have reasonable cause to believe that confinement in Protective Custody is necessary to prevent reasonably foreseeable harm and when an inmate makes an informed voluntary request for Protective Custody, the correctional facility shall bear the burden of establishing a basis for refusing the request. If through initial investigation, the inmate's reasons cannot be verified, are deemed to be frivolous by the Administrator, or designee, or if the conditions forming the basis for the voluntary placement are found to have abated or are found to no longer exist, placement in Protective Custody may be denied or the inmate may be released from Protective Custody.
(c) Prehearing Protective Custody shall be used when necessary in order to conduct an in depth investigation. In all cases of inmate voluntary and involuntary placement in Prehearing Protective Custody, the Administrator, or designee, shall gather facts, information, and available documentation to support or reject the placement and shall order such additional investigation as is deemed necessary for a clear understanding of the case. Prehearing Protective Custody may consist of confinement to the inmate's cell or placement into a secure Close Custody Unit.